Jollichan P. Joseph vs P.T Thomas
2022 Latest Caselaw 8395 Ker

Citation : 2022 Latest Caselaw 8395 Ker
Judgement Date : 1 July, 2022

Kerala High Court

Jollichan P. Joseph vs P.T Thomas on 1 July, 2022

OP(C) No.1165/2022                                 1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
                        Friday, the 1st day of July 2022 / 10th Ashadha, 1944

                                      OP(C) NO. 1165 OF 2022


                     EP 16/2019 in OS 44/2014 OF SUB COURT, PALA, KOTTAYAM

   PETITIONERS/ JUDGMENT DEBTORS/ DEFENDANTS:

      1. JOLLICHAN P. JOSEPH, AGED 52 YEARS, S/O JOSEPH, PULIMOTTIL HOUSE,
         THALAPPALAM KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTAYAM
         DISTRICT, PIN - 686122
      2. USHA JOLLICHAN, AGED 50 YEARS, W/O JOLYCHAN, PULIMOTTIL HOUSE,
         THALAPPALAM KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTAYAM
         DISTRICT, PIN - 686122

   RESPONDENT/ DECREE HOLDER/ PLAINTIFF:

          P.T THOMAS, AGED 64 YEARS, S/O THOMAS, PLATHOTTATHIL HOUSE,
          PULLAPPALLY KARA, KIDANGOOR VILLAGE, MEENACHIL TALUK, PIN - 686575.


         OP (Civil) praying inter alia that in the circumstances stated in the aﬃdavit ﬁled
   along with the OP(C) the High Court be pleased to stay all further proceedings in EP
   16/2019 in O.S No. 44/2014 in the court of the Sub Judge, Pala, pending disposal of the
   above Original Petition (C).


          This petition coming on for admission upon perusing the petition and the
   aﬃdavit ﬁled in support of OP(C) and upon hearing the arguments of M/S BABY
   THOMAS, GEORGE T.J & ALICIA JOSE, Advocates for the petitioners, the court passed
   the following:

                                             ORDER

Heard. Admit.

Issue notice to the respondent by speed post.

Judgment debtors not paid any amount even though the suit is of the year 2014 and the EP is of the year 2019. Therefore, the sale shall stand deferred to 15-07-2022 subject to condition that the petitioners shall pay or deposit Rs. 5 lakhs on or before 14-07-2022.

If there is no payment as directed above, the execution court can go on with sale in the sale proclamation on 15-07-2022 itself.

Post on 18-07-2022 to varify the compliance of direction.

Sd/- A. BADHARUDEEN, JUDGE

01-07-2022 /True Copy/ Assistant Registrar